Tulsa Metropolitan Area Planning Commission

Minutes of Meeting No. 2299

Wednesday, February 6, 2002, 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

 

Members Present

Members Absent

Staff Present

Others Present

Harmon

Bayles

Beach

Romig, Legal

Hill

Carnes

Bruce

 

Jackson

Dick

Dunlap

 

Ledford

Horner

Huntsinger

 

Midget

 

Matthews

 

Pace

 

Stump

 

Westervelt

 

 

 

 

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, February 4, 2002 at 9:00 a.m., posted in the Office of the City Clerk, as well as in the Office of the County Clerk.

 

After declaring a quorum present, Chair Harmon called the meeting to order at 1:30 p.m.

 

Minutes:

Approval of the minutes of January 16, 2002, Meeting No. 2297

On MOTION of JACKSON, the TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Bayles, Carnes, Dick, Horner “absent”) to APPROVE the minutes of the meeting of January 16, 2002, Meeting No. 2297.

 

Minutes:

Approval of the minutes of January 23, 2002, Meeting No. 2298

On MOTION of JACKSON, the TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Bayles, Carnes, Dick, Horner “absent”) to APPROVE the minutes of the meeting of January 23, 2002, Meeting No. 2298.

 

REPORTS:

Chairman’s Report:

Mr. Harmon deferred to Mr. Westervelt.

 

Mr. Westervelt stated that he would like to have Brandon Jackson serve as 1st Vice Chair for 2002 and change himself to 2nd Vice Chair in order to continue to build leadership and experience.  He requested Mr. Jackson to submit a letter to the Chair regarding this issue.

 

Mr. Harmon stated that this is an excellent idea to have the continuity of leadership and have new people in line for office.

 

* * * * * * * * * * * *

 

 

Director’s Report:

Mr. Stump reported that there are several items on the City Council agenda for Thursday, February 07, 2002.  He indicated that he would be attending the City Council meeting.

 

Mr. Stump further reported that the consultant who has been working on a program to computerize TMAPC’s application process has sent the latest corrections and upgrades.  He indicated that the upgrades would be installed and tested this week.

 

Mr. Stump stated that if the computerization upgrades work, then there would be more information available on the TMAPC website and the ability to tract the applications easier.

 

* * * * * * * * * * * *

 

 

SUBDIVISIONS:

Partial Release of Previous Lot-Split and Lot-Split Waiver of Subdivision Regulations:

L-19297 - G. C. Broach

(PD-18) (CD-2)

Location:

3001 East 73rd Street

 

Staff Recommendation:

In 1976, a lot-split was approved splitting a triangle off Lot 4 (Tract C) and tying it to Lot 3.  Since that time, the owner of Lot 3 built a fence; however, the fence was not built on the property line.  The owner of Lot 4 has applied to split the lots so that the fence is located on the property line.

 

Tract A would be split off Tract C and tied to Lot 4.  Tract B would be split off the current Lot 4 and tied to the remainder of Tract C that is currently tied to Lot 3.

 

A partial release of the 1976 lot-split (L-13720) is required for Tract A with the condition that Tract A be tied to Lot 4.  A waiver of the Subdivision Regulations is required because both resulting tracts would have more than three side lot lines. 

 

The Technical Advisory Committee had no questions or concerns regarding this lot-split.  Staff believes this lot-split would not have an adverse effect on the surrounding properties and would therefore recommend APPROVAL of the release to Tract A from Lot 3 with the condition that it be tied to Lot 4, waiver of Subdivision Regulations, and of the lot-split.

 

Applicant was not present.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of MIDGET, TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent") to APPROVE the partial release of previous lot-split and lot-split for waiver of Subdivision Regulations as recommended by staff.

 

* * * * * * * * * * * *

 

 

Reconsideration of Waiver of Subdivision Regulations:

L-19313 – Linda Crockett

(PD-21) (County)

Location:

4705 East 171st Street

 

Staff Recommendation:

The applicant applied to split five acres into two tracts for the purpose of adding a second dwelling.  The property is located on East 171st Street, a primary arterial, and on Yale Avenue, a secondary arterial.  Tulsa County Engineering requested the full right-of-way be given on both streets.

 

To obtain a lot-split, Tract A required a variance of the average lot width (from 200’ to 165’); and Tract B required a variance of the lot area (from two acres to 1.47 acres) and a variance of the land area (from 2.2 acres to 1.95 acres) if the required right-of-way dedication is required.  The applicant requested a waiver of the Subdivision Regulations requiring the additional right-of-way along East 171st Street and along Yale Avenue, from the existing 24.75’ statutory easement.

 

On November 14, 2001, the Planning Commission approved the lot-split application subject to the County Board of Adjustment granting the appropriate variances, and denied the waiver of the Subdivision Regulations. 

 

On November 20, 2001, the County Board of Adjustment approved the appropriate variances subject to the required right-of-way being given to Tulsa County.

 

The applicant later realized that the existing dwelling is partially located within the required right-of-way and asked the County Board of Adjustment to reconsider their application for two dwellings on one lot of record.  The County Board of Adjustment refused to reconsider the request on January 15, 2002.

 

Therefore, the applicant is asking the Planning Commission to reconsider the amount of right-of-way to be dedicated.  In order to exclude the existing structure, The Tulsa County Engineer’s office has agreed to accept:  40’ along Yale Avenue and 35’ for the east 250’ and 60’ for the balance of the property along 171st Street South.

 

Given the County Board of Adjustment’s action, and Tulsa County Engineer’s office accepting less right-of-way, staff would recommend APPROVAL of the waiver of Subdivision Regulations for the required right-of-way of 40’ along Yale Avenue and 35’ for the east 250’ and 60’ for the balance of the property along 171st Street South.

 

Applicant’s Comments:

Stephen Oakley, 222 West 8th Street, Tulsa, Oklahoma 74119, stated that he is representing the applicant.  He indicated his agreement with the staff recommendation.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of WESTERVELT, TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent") to APPROVE the waiver of Subdivision Regulations for the required right-of-way of 40’ along Yale Avenue and 35’ for the east 250’ and 60’ for the balance of the property along 171st Street South as recommended by staff.

 

* * * * * * * * * * * *

 

 

Lot-Split for Discussion:

L-19349 – James G. Davidson

(PD-14) (County)

Location:

420’ north of northeast corner of 126th Street North and Mingo

 

Staff Recommendation:

A lot-split application has been filed to split Tract E from Tract H.  Both resulting tracts meet the AG Bulk and Area requirements.  However, staff believes any further subdividing of this property should be done through the platting process. 

 

Mr. Williams had divided a 7½-acre tract out of his property, which did not require a lot-split.  He then applied for and received lot-split approval to split that 7½-acre tract into three parcels (Tracts A - C). 

 

Upon further research, it was noted that Mr. Williams had also divided a 5.04-acre tract of this same property, and then received lot-split approval to create two parcels (Tracts A-1 and B-1). 

 

Mr. Williams desired to apply for another lot-split to create Tracts E – G, but was informed that he would be required to plat his property.  Mr. Williams has split off Tract D without obtaining the required lot-split approval, and staff views this transaction as being null and void. 

 

By the survey done on this property, it is staff’s opinion that this is a “wildcat subdivision” which defeats the principles of good planning and orderly development.  Further, this lot-split would violate State statutes and is beyond staff’s authority to review and approve such request.  Our position is based on the attached copies of 19 O.S. §863.9 and §863.10.

 

Therefore staff recommends DENIAL of this lot-split application. 

 

The applicant was not present.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of MIDGET, TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent") to DENY the lot-split request for L-19349 as recommended by staff.

 

* * * * * * * * * * * *

 

 

Lot-Splits for Ratification of Prior Approval:

L-19323 – Robert E. Parker (1693)

(PD-4) (CD-4)

4590 East 29th Street

 

L-19329 – Sack & Associates (3294)

(PD-18) (CD-5)

East 61st Street and 118th East Avenue

 

L-19331 – Sack & Associates (2383)

(PD-18) (CD-8)

Southwest corner of East 91st Street & 78th East Avenue

 

L-19332 – Praise Center Church Inc. (1482)

(PD-8) (CD-2)

Northeast corner West 91st Street & Union

 

L-19333 – Tanner Consulting, LLC (3383)

(PD-26) (CD-8)

South of East 111th Street & Louisville

 

L-19334 – Robert C. Hicks (3124)

(PD-14) (County)

10022 East 135th Street North

 

L-19335 – James Michie (3591)

(PD-23) (County)

9710 West 59th Street

 

L-19338 – Sack & Associates (684)

(PD-18) (CD-8)

11201 East 71st Street

 

L-19339 – City of Tulsa (1683)

(PD-18) (CD-8)

9014 South Yale

 

L-19340 – Alan T. Cook (3214)

(PD-15) (County)

11840 East 69th Street North

 

L-19341 – Kyle Smalygo (2323)

(PD-14) (County)

7211 East 146th Street North

 

L-19342 – White Surveying (1203)

(PD-16) (CD-6)

9602 East Mohawk Boulevard

 

L-19343 – Roy Johnsen (2293)

(PD-4) (CD-7)

North of northeast corner East 33rd Street & Yale

 

L-19344 – Connie Hallsted (2692)

(PD-9) (CD-2)

3114 West 51st Street

 

L-19345 – Michael R. Parrish (1283)

(PD-18) (CD-8)

South of southeast corner East 71st Street & 85th East Avenue

 

L-19346 – Jeffrey G. Levinson (1993)

(PD-6) (CD-9)

1509 East 35th Street

 

L-19350 – Robert E. Mahoney (1294)

(PD-17) (CD-6)

17712 East 15th Street

 

L-19351 – Sherita Shatwell (2013)

(PD-15) (County)

9018 North Harvard

 

 

Staff Recommendation:

Mr. Beach stated that all of these lot-splits are in order and staff recommends APPROVAL.

 

TMAPC Action; 7 members present:

On MOTION of MIDGET, the TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent") to RATIFY these lot-splits given prior approval, finding them in accordance with Subdivision Regulations as recommended by staff.

 

* * * * * * * * * * * *

 

 

PRELIMINARY PLAT:

Hunters Hollow – PUD-527 – (3483)

(PD-26) (CD-8)

Location:

North and east of the northeast corner of 121st and South Yale

 

Staff Recommendation:

This plat consists of 40 lots in three blocks on 9.93 acres. It will be developed with single-family residential uses under the PUD.

 

The following were discussed September 20, 2001 at the Technical Advisory Committee (TAC) meeting:

 

1.

Zoning:

 

Staff: The PUD was approved in February 1995. A major amendment was approved early in 2001 and a second major amendment in August 2001. The last amendment abandoned the first amendment, leaving the original PUD standards in control with RS-2 bulk and area requirements.

A recent minor amendment was approved modifying the bulk and area requirements to allow smaller lots than the RS-2 minimums. The plat submitted is in accordance with the current standards.

2.

Streets/access:

 

Staff: Private streets are proposed in 30’ right-of-way, called “Reserve A”. The Yale access is 80’ wide, presumably to accommodate an entry gate feature. The 121st Street access is 48’ wide and quickly narrows to 30 feet.  Forty on-street parking spaces are required. These parking spaces should be part of Reserve “A” and shown on the plat.

 

Public Works Traffic & Transportation: Full right-of-way needs to be dedicated on Yale and 121st Street and include proper dedication language in covenants.

 

Applicant: No objections stated.

3.

Sewer:

 

Staff: No additional information.

 

Public Works Waste Water: Sewer main must be extended.

 

Applicant: No objections stated.

4.

Water:

 

Staff: No additional information.

 

Public Works Water: Water mains must be extended; Provide restricted water line easement on site.

 

Applicant: No objections stated.

5.

Storm Drainage:

 

Staff: No additional information.

 

Public Works Stormwater: PFPI will be required to collect off-site stormwater and carry it to the structure on Yale; No additional stormwater will be allowed to go to 121st Street; Plot 100-year floodplain using the 100-year WSE and put in a reserve plus 15’ maintenance easement around perimeter;

 

Applicant: No objections stated.

6.

Utilities:

 

Staff: No additional information.

 

Franchise Utilities: Bixby Telephone wants five-foot utility easements at Block 3, Lots 15 & 16; ONG wants utility easements at Block 3, Lots 18, 19, & 20.

 

Applicant: No objections stated.

7.

Other:

 

Staff: Reserves should not share a common name except where they are contiguous.

 

Applicant: No objections stated.

 

Staff recommends approval of the preliminary plat subject to the special and standard conditions below.

 

Waivers of Subdivision Regulations:

 

1.

None requested.

Special Conditions:

 

1.

Modify Reserve “A” to include required on-street parking spaces.

2.

Dedicate right-of-way as required by the Major Street and Highway Plan and indicate dedication on plat.

3.

Extend sewer and water mains and provide easements as required by Public Works.

4.

Show 100-year floodplain elevation with 15’ maintenance easement and place all in a dedicated reserve.

5.

Provide utility easements for utility providers satisfactory to serve the property.

Standard Conditions:

 

1.

All conditions of PUD-527 shall be met prior to release of final plat, including any applicable provisions in the covenants or on the face of the plat.  Include PUD approval date and references to Section 1100-1107 of the Zoning Code in the covenants.

2.

Utility easements shall meet the approval of the utilities. Coordinate with Subsurface Committee if underground plant is planned. Show additional easements as required. Existing easements shall be tied to or related to property line and/or lot lines.

3.

Water and sanitary sewer plans shall be approved by the Public Works Department prior to release of final plat.  (Include language for W/S facilities in covenants.)

4.

Pavement or landscape repair within restricted water line, sewer line, or utility easements as a result of water or sewer line or other utility repairs due to breaks and failures shall be borne by the owner(s) of the lot(s).

5.

Any request for creation of a Sewer Improvement District shall be submitted to the Public Works Department Engineer prior to release of final plat.

6.

Paving and/or drainage plans (as required) shall be approved by the Public Works Department.

7.

Any request for a Privately Financed Public Improvement (PFPI) shall be submitted to the Public Works Department.

8.

A topography map shall be submitted for review by TAC (Subdivision Regulations).  (Submit with drainage plans as directed.)

9.

Street names shall be approved by the Public Works Department and shown on plat.

10.

All curve data, including corner radii, shall be shown on final plat as applicable.

11.

Bearings, or true N/S, etc., shall be shown on perimeter of land being platted or other bearings as directed by the County Engineer.

12.

All adjacent streets, intersections and/or widths thereof shall be shown on plat.

13.

It is recommended that the developer coordinate with the Public Works Department during the early stages of street construction concerning the ordering, purchase and installation of street marker signs.  (Advisory, not a condition for plat release.)

14.

It is recommended that the applicant and/or his engineer or developer coordinate with the Tulsa City/County Health Department for solid waste disposal, particularly during the construction phase and/or clearing of the project.  Burning of solid waste is prohibited.

15.

The method of sewage disposal and plans therefore shall be approved by the City/County Health Department.  [Percolation tests (if applicable) are required prior to preliminary approval of plat.]

16.

The owner(s) shall provide the following information on sewage disposal system if it is to be privately operated on each lot: type, size and general location.  (This information to be included in restrictive covenants on plat.)

17.

The method of water supply and plans therefore shall be approved by the City/County Health Department.

18.

All lots, streets, building lines, easements, etc., shall be completely dimensioned.

19.

The key or location map shall be complete.

20.

A Corporation Commission letter, Certificate of Non-Development, or other records as may be on file, shall be provided concerning any oil and/or gas wells before plat is released.  (A building line shall be shown on plat on any wells not officially plugged.  If plugged, provide plugging records.)

21.

A "Letter of Assurance" regarding installation of improvements shall be provided prior to release of final plat.  (Including documents required under 3.6.5 Subdivision Regulations.)

22.

Applicant is advised of his responsibility to contact the U.S. Army Corps of Engineers regarding Section 404 of the Clean Waters Act.

23.

All other Subdivision Regulations shall be met prior to release of final plat.

 

The applicant was not present.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of MIDGET, TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent") to APPROVE the preliminary plat for Hunters Hollow, subject to special conditions and standard conditions as recommended by staff.

 

* * * * * * * * * * * *

 

 

Change of Access on Recorded Plat:

Lot 1, Block 1, Braum’s Second Addition (2803)

 

Location:

2215 North Harvard Avenue

 

Staff Recommendation:

This application is made to accommodate the location of the drive for a new Family Dollar Store.  The Traffic Engineer has reviewed and approved the request.  Staff recommends approval of the change of access.

 

Applicant was not present.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of HILL, TMAPC voted 7-0-0 (Harmon, Hill, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Bayles, Carnes, Dick, Horner "absent")